Injury at work/sexual harrasment

[MissSJ14]

Hi

 

A friend told me about these forums and in desperation thought I would turn to here to see if I can be advised what's best.

 

I work alone with my boss, there is only the 2 of us.

 

Early 2016 I was asked to push a broken down car.

 

Next day when I got up I could hardly move with pain and have been signed off since then.

 

I have since been diagnosed with a prolapsed disc and severe sciatica which is absolute agony so say the least.

 

I can barely do anything and am facing surgery to try and help it.

 

I have a personal claim going on and my boss insurer has admitted liability.

 

I have been in receipt of personal accident sickness but as it is a fraction of what my wage is, I am now in severe financial trouble.

I am about to lose my car over all of this.

 

The past few months my employer is now saying there is nothing wrong with me and accusing me of fraud despite the proof I have with my diagnosis.

 

He is withholding my payments I have only had since September.

 

I was very scared of this guy,

he used to make sexual advances to me and wrote a letter telling me to get my t*ts out to make sales if I have to.

 

 

He told me the day after to burn the letter

but something deep down told me to keep it which I did.

 

 

He touched me on several occasions too.

I needed the job and had financial commitments and was scared of him,

it was not as easy as simply pack in as I am a single parent and depended on my wage to keep a roof over my sons head.

 

He is making life extremely difficult for me by keeping back my payments I am due and I barely have enough to eat.

 

The solicitor who is dealing personal claim for injury has told me there is no case against him for harrasment and that I would lose so I do not know what to do or where to turn.

 

Can anyone please help me or advise me of what I should or can do?

 

Many thanks

[renegadeimp]

Ignore your employer.

Hes trying to pressure you into dropping the case.

Do you have that letter?

Then go to a solicitor that deals with employment law and its an open and shut case.

Are you in a union?

 

If hes witholding payment to you without a valid reason,

then hes also going to fall foul of various employment law as well as HMRC/etc etc.

[MissSJ14]

Wow thanks for the quick reply.

Yes I still have the letter.

No I am not in a union.

The solicitor who is dealing with the personal injury claim advised me I didn't have a leg to stand on.

[renegadeimp]

No wonder he's a ambulance chaser then

[Sidewinder]

This sounds appalling. Without a doubt based on what you have said the employer would have some serious questions to answer purely on the evidence of that letter.

 

If he is withholding payments due then you need to put in writing that this constitutes an Unlawful Deduction contrary to S13 of the Employment Rights Act and a breach of contract and that you will be forced to seek redress through either the County Court or an Employment Tribunal. The first option is quicker and cheaper.

 

Your problem over the reduced pay is a tricky one as if the employer does not offer a company sick pay scheme then there is no automatic right to full pay. The shortfall however needs to be claimed as loss of earnings along with the PI claim, as would any charges or fees levied by your creditors for the time that you are off sick. Potentially and if it were to happen any loss through your car being repossessed/sold could also be claimed. You do though need to talk to your creditors to try and agree reduced and minimal payments until you are fit again - living and eating comes first so you have to prioritise what limited income you do have coming in. Hopefully you will be able to get an agreement to just pay nominal payments until you are back in work.

 

Speak to a solicitor - not just the one dealing with the PI claim - over the harassment. It needs to be dealt with and is behaviour that should have been rightly consigned to the 1970s

[obiter dictum]

This is my take on the matter as a matter of opinion

 

You have an absolute right not to be treated by this neandeerthal in this way while at work.

A persons sex is a protected characteristic under the Equality Act 2010. As a protected characteristic You are being subjected with 'harassment related to a protected characteristic'.

 

Ther is only one problem i can see and i agree with your solicitor. You have a damning letter that confirms his negative conduct but:

 

To bring a claim to an Employment Tribunal you first must request he cease with this behaviour. If he does not then back off you go through the grievance procedure or contact HR.

 

What i am trying to say is you need a confirmed paper trail in requesting he moderate his conduct first. This is not like Uncle Sam where you sue at the first opportunity, you need to follow procedure.

 

Your best bet is have a word with the Equality and Human Rights Commission who can put you in touch with the relevant support services and experts

 

https://www.equalityhumanrights.com/en/contact-us

[MissSJ14]

Hi

 

Thanks everyone for all your help, I will be watching the forums and will answer any questions anyone might have. All your help is really appreciated.

 

 

I'm very disturbed by the things that you are saying here. I have flagged this thread up to somebody who might be able to give you some specialist help.

 

Please will you monitor the thread over the next few days for a response.

[MissSJ14]

Again thanks for the advice.

 

1. I will write a letter straight away and tell him I am looking for the money he is owe me as well as the 2k I will lose when my car is taken away. The company alphera financial I have spoken to them several times asking them to lower my payments until I get back on my feet but totally refused because it is a newish agreement taken our in January 2016. 1 month before I hurt my back!

 

I am going to speak to a new solicitor regarding my PI claim, the company who are dealing with it are a claims specialist lot (ambulance chasers) as someone else put and I am not convinced they are acting in my best interests. In fact last time I was telling him I am not getting any money he said to me "Look, I think myself and the broker (my employers insurance broker) are getting pulled into something that is nothing to do with us and it is something you have to sort out"

 

I am slightly suspicious as last time I received a payment in September, he did not seen to be interested until I said I was considering reporting my employer to the police for touching me. Whatever effect that had on him- 20 minutes after I said that to him he phoned me back and told me that he had just spoken to my employers insurance and they have agreed to send a payment.

 

Why would they all of a sudden agree to send a payment on the back of me saying I would go to police?

 

Also the area I live and where I work, it's very small and the place I work is the only dealer of what they sell locally. I am wondering if he might be in cohoots with my boss or if they maybe know each other. I really don't know.

 

Another thing about him, once he up and away in a rush and left his computer on, I went into the computer to check a few emails and discovered horse porn on his computer. I checked and it was what horse porn as the it stated.

 

Really creepy he is 70 years old and his mate also an old pervert used to come into work and regularly speak about hard 0ns and erec*ions in my presence which used to make me really uncomfortable.

 

 

This sounds appalling. Without a doubt based on what you have said the employer would have some serious questions to answer purely on the evidence of that letter.

 

If he is withholding payments due then you need to put in writing that this constitutes an Unlawful Deduction contrary to S13 of the Employment Rights Act and a breach of contract and that you will be forced to seek redress through either the County Court or an Employment Tribunal. The first option is quicker and cheaper.

 

Your problem over the reduced pay is a tricky one as if the employer does not offer a company sick pay scheme then there is no automatic right to full pay. The shortfall however needs to be claimed as loss of earnings along with the PI claim, as would any charges or fees levied by your creditors for the time that you are off sick. Potentially and if it were to happen any loss through your car being repossessed/sold could also be claimed. You do though need to talk to your creditors to try and agree reduced and minimal payments until you are fit again - living and eating comes first so you have to prioritise what limited income you do have coming in. Hopefully you will be able to get an agreement to just pay nominal payments until you are back in work.

 

Speak to a solicitor - not just the one dealing with the PI claim - over the harassment. It needs to be dealt with and is behaviour that should have been rightly consigned to the 1970s

[MissSJ14]

There was only him and myself, there was no HR depth or the like to complain to. I did ask him to stop but he had a nasty temper and I was scared of him. The place I worked was remote and I didn't know what would or could happen if he lost his rag. He also had a shotgun in the office.

 

The letter he wrote also has other incriminating things in it with him swearing and reading it would give you a good idea of the type of person you are dealing with.

[BankFodder]

If you have any further dealings with him, you should be recording your calls.

Read our customer services quide

[Emmzzi]

I am so sorry this has happened to you. It is not right, and I do think he needs to be taken to task. As there is no. HR department I'd be filing an ET Have you read the ACAS guide available here?

 

https://www.gov.uk/workplace-bullying-and-harassment

[MissSJ14]

I am in no hurry.

 

My mother bumped into him at Asda the other day and he had a right go at her about me. He says he wants to see me before he gives me any money and again told her that I was committing fraud as there was nothing wrong with me.

 

I am terrified at the thought of meeting him as I know he will be very aggressive and will have a go at me.

 

 

 

I think that you should wait for a couple of days for a fuller response. I don't see any need for any immediate hurry - and I would wait until better advice before committing money to a solicitor - for the moment anyway.

If you have any further dealings with him, you should be recording your calls.

Read our customer services quide

[renegadeimp]

sounds like hes going to get his comeuppance pretty soon . SOmeone like that should not be in charge of ANYTHING. The reason hes doing it to you is because he knows hes scaring you.

[Ganymede]

Again thanks for the advice.

 

1. I will write a letter straight away and tell him I am looking for the money he is owe me as well as the 2k I will lose when my car is taken away. The company alphera financial I have spoken to them several times asking them to lower my payments until I get back on my feet but totally refused because it is a newish agreement taken our in January 2016. 1 month before I hurt my back!

 

I am going to speak to a new solicitor regarding my PI claim, the company who are dealing with it are a claims specialist lot (ambulance chasers) as someone else put and I am not convinced they are acting in my best interests. In fact last time I was telling him I am not getting any money he said to me "Look, I think myself and the broker (my employers insurance broker) are getting pulled into something that is nothing to do with us and it is something you have to sort out"

 

I am slightly suspicious as last time I received a payment in September, he did not seen to be interested until I said I was considering reporting my employer to the police for touching me. Whatever effect that had on him- 20 minutes after I said that to him he phoned me back and told me that he had just spoken to my employers insurance and they have agreed to send a payment.

 

Why would they all of a sudden agree to send a payment on the back of me saying I would go to police?

 

Also the area I live and where I work, it's very small and the place I work is the only dealer of what they sell locally. I am wondering if he might be in cohoots with my boss or if they maybe know each other. I really don't know.

 

Another thing about him, once he up and away in a rush and left his computer on, I went into the computer to check a few emails and discovered horse porn on his computer. I checked and it was what horse porn as the it stated.

 

Really creepy he is 70 years old and his mate also an old pervert used to come into work and regularly speak about hard 0ns and erec*ions in my presence which used to make me really uncomfortable.

 

I agree with your solicitor that the sexual harassment claim has nothing to do with your back injury claim and is a separate area of law that they cannot advise on. As has been stated you need to go to an employment tribunal for this aspect.

 

As for your wages, your sick pay will depend on your contract. You can claim interim payments for your lost earnings but generally speaking these as discretionary but your employers insurer needs to act reasonably when you request one.

 

It doesn't really matter what your boss is saying as your injuries will be proven with your medical evidence and doctors reports.

[becky2585]

Just bear in mind that there's a three month time limit on tribunal discrimination/harassment claims - if the acts you're complaining of happened more than three months ago then there's a good chance they're now out of time.

[MissSJ14]

Hi

 

I have not submitted any claim etc for harassment. His treatment of me has been over the few years I have worked there and i have been off with my back since February.

 

I am still employed by him at the moment.

 

 

 

Just bear in mind that there's a three month time limit on tribunal discrimination/harassment claims - if the acts you're complaining of happened more than three months ago then there's a good chance they're now out of time.

[MissSJ14]

Hi

 

I do not have a claim in for sexual harrasment. I do not know if I should or not, I am aware people may ask why let it go on for so long, but the fact is he did make me very uncomfortable and said and did things which I can prove.

 

What worries me is he knows exactly where I live and there is not a lot of police where I live either, I would not put anything past him at all.

 

I wish I had packed in the job long ago or better still never took it in the first place.

 

I agree with your solicitor that the sexual harassment claim has nothing to do with your back injury claim and is a separate area of law that they cannot advise on. As has been stated you need to go to an employment tribunal for this aspect.

 

As for your wages, your sick pay will depend on your contract. You can claim interim payments for your lost earnings but generally speaking these as discretionary but your employers insurer needs to act reasonably when you request one.

 

It doesn't really matter what your boss is saying as your injuries will be proven with your medical evidence and doctors reports.

[sangie5952]

As Becky said though, if you have not been in the workplace since February, then I cannot see how you can even make a claim for the harassment - you would be out of time. The deadline for any claim is three months less a day. There are rare circumstances where that deadline may be extended, but I cannot see that any apply here; and at least ten months since the last act is highly unlikely to be permitted.

 

As for involving the police, you either decide to do that, or you do not. It is not relevant to, or dependant on, payments from your employer. I hate to point this out, because he sounds like a right jerk, but that is called blackmail. And that is no doubt why your solicitor is so nervous about getting pulled in to such allegations.

 

Could you please clarify exactly what payments your employer is withholding? It seems unlikely that he would still be paying your wages, even if he has admitted liability for the injury. Loss of wages is usually an element in the insurance settlement. Nothing to do with the employer at all. He leaves all that to his insurers; that is what insurance is for.

 

I would also urge caution about attempting to come to financial arrangements yourself. You do not know what you are doing. You need to go through a solicitor - and if you are not satisfied with your current solicitor then you need someone acting for you as soon as possible.

[ericsbrother]

Deal with the matter in hand, namely the injury and accept that you are unlikley to ever return to work there anyway so ultimately his behaviour will count for nothing. Horrid to have to say it but let the next person deal with that